“Your chances of getting charges dismissed increase with an attorney who can present “a compelling argument”, over an attorney who has a stronger argument, but presents it less persuasively.”

– James Novak, AZ DUI & Criminal Defense Trial Lawyer and Author of “Arizona Winning DUI & Criminal Defense Strategies” Book Series

1. Experience; Criminal & DUI defense experience in Maricopa County;

2. Communication: The best trial lawyers listen, as well as they speak; they know that winning cases are often the result of “details”; and they don’t miss any; attorneys too preoccupied with their next argument risk missing details that could lead to a dismissal;

3. Compelling: the best defense lawyers are persuasive, articulate and compelling; They can present highly effective arguments;

4. Thousands of Hours of litigation: Be aware of attorneys who have not spent much time in the court room or trial. The truth is that there are attorneys who have not seen much of the “inside of a court room”: either because they are new, or because they simply don’t challenge the evidence or prosecution on the issues. In those cases, the attorney may simply agrees with whatever the prosecution throws at their clients for conviction and sentencing; You don’t need to pay someone to help you lose;

5. Former Prosecutors: They get a vast amount of trial experience in many types of criminal cases. In Maricopa County particularly, it is not unusually for prosecutors to be in hearings or trial 4 to 5 days a week, every week;

6. Scholars in Arizona DUI & Criminal Defense Law: They know the Arizona criminal law; they are familiar with existing and new laws, changing legislation, and court cases which have outcomes that may impact DUI & Criminal cases in Maricopa County. They recognize that what “laws” make good “defenses”. They know how to use laws in favor of the defendants when appropriate and justified;

7. They Don’t Use “Cookie Cutter” defenses: They understand that “one size does not fit all”. DUI and criminal defense cases are all unique in that each one holds its own set of circumstances; Defense strategies must carefully be tailored or customized to fit the facts surrounding the charges. A particular defense in one case, may lead to a dismissal; but when used in another may result in an unwarranted conviction;

8. They Don’t File Frivolous Motions: An attorney who has a reputation for filing frivolous or unjustified motions loses credibility with judges and the prosecution in courts where they regularly appear;

9. Never Underestimates the Power of Filing EARLY Justified Motions: These often involve motions related to procedural or constitutional rights violations such as 1). Charges being brought in the wrong jurisdiction; or 2). Time limit to prosecutor has expired for that crime under Arizona Constitution.

10. Home Court Advantage: They defend charges exclusively within Maricopa County. They have built a report and are well respected by law enforcement, prosecutors, judges, court procedures and protocol throughout courts for which they defend clients; Familiarity with opposition provides great advantages;

11. Simplify Complex Issues: Not only are the best attorneys able to interpret the law, but they have the ability to simplify them in the best light for their client’s defense;

12. Passion and Dedication: They are dedicated to their client’s defense and obtaining the most favorable outcome on their behalf; they have a passion for defense; they recognize that the accused has a fundamental right by law to defend their charges in due process as afforded under the United States Constitution and Arizona Law; they make sure defendants are treated fairly, and their constitutional rights are protected, under Federal and Arizona laws;

13. Work Ethic: They make the time needed to tailor, build, and present a compelling defense case which includes gathering, retesting, examining, and challenging evidence for suppression (not to be used), and obtaining exculpatory (evidence in the client’s favor); In other words, they conduct their own defense investigations, concurrently as the prosecution is building their case;

14. Exhaust all means to obtaining the best outcome for their clients: Including case dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration. 15. Getting the Case Dismissed is #1 priority: If a client does not wish to challenge their charges; have someone fight for them; or attempt to get their charges dismissed; then they do not need to hire one of the “Best Criminal Defense Attorneys in Maricopa County”. In fact, they would not need to hire any criminal defense attorney, in that the case.

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DUI Lawyers in Phoenix – What to Look for to Find the Best Criminal Defense Attorney Good criminal defense attorneys must possess many important traits. Here will we look at just a few of those traits that make good DUI attorneys the best, as they relate to the matter of Arizona criminal laws and defenses:

• The ability to correctly interpret the law and defenses;

• Can identify those which will serve their clients defense the most effectively, under the proper circumstances;

• Has the ability to translate the issues of law into simple terms for the client; • Is passionate about their clients being treated fairly and with respect under the law;

• Will make the time needed to tailor, build, and present a compelling defense case; every DUI or criminal charge is unique and carries its own individual set of circumstances and evidence (or lack thereof).

• A good DUI or criminal defense lawyer will exhaust all means possible to get the best outcome in their client’s case such as partial or complete dismissal of charges; negotiating lesser charges; or obtaining leniency in sentencing and penalties by the court if convicted.

What You Can do to Find the Best DUI lawyer in Phoenix AZ As you may already have learned there are so many criminal and DUI lawyers in Phoenix Metro and surrounding cities in Maricopa County that it is tough to choose from them all. And how do you know if there as good as they or their websites say they are? Here are some things to consider doing once you have narrowed your search geographically, and verified credentials and license to practice in your jurisdiction:

1) Read reviews from prior clients on the web, search engines, review sites and such;

2) Select two or three of your top picks, or more if you feel it necessary;

3) Contact at least two or three and meet with them by phone or in person;

4) Ask questions; Most DUI & Criminal defense attorneys in Phoenix AZ provide free consultations;

5) Don’t be afraid to ask them about their education, defense and trial experience, credentials, and anything else that will make you feel you have found the most qualified person for the job.

Wouldn’t you do these things if you were looking for a good doctor, dentist, or building contractor? Choosing the right criminal defense lawyer for your DUI or criminal charges is one of the most important decisions you make in your life. It can mean the difference between losing your freedom and getting a dismissal in your case. Take as much time as you need to feel comfortable with your choice, while keeping in mind that early retention of a criminal defense lawyer is key to a successful outcome.

If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options. James Novak is an experienced trial lawyer and former prosecutor The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.

Why You Should Exercise Your Right to ‘Remain Silent” following an Arrest for Phoenix DUI or Criminal Charges

1) You do not want to “convict” yourself by verbally accepting guilt of a crime. Do not assume that because you were arrested for a crime, you will be found guilty. An arrest is not a conviction. Any DUI, DWI, Drunk Driving or criminal charges can be challenged by a qualified private practice criminal defense lawyer. There may be defenses, that you are not aware of, that if used, can lead to a dismissal of your charges. But the police or prosecution will not provide you with this information even if they are aware of it. The prosecutor’s job is to convict you not to defend you or give you any reason to challenge your criminal charges. There are far more arrests in Phoenix than convictions. Often criminal charges get dismissed with good legal representation by a proven criminal lawyer who defends criminal charges in Phoenix AZ on a regular basis.

2) Following a Phoenix arrest for DUI DWI, or other criminal charges, you can count on the police to continue to “take notes” what you say and do. Your words and actions will be documents. They can and will be used against you by the Arizona Prosecution. In most cases, defendants do not realize that what they are saying or doing will incriminate them further and harm their defense. If you find yourself being questioned or interrogated, you must let police know verbally that you wish to exercise your right to remain silent, and to have an attorney present during any questioning related to the charges. Note: If remain silent without verbally acknowledging that you wish to exercise your right to remain silent, then you will appear uncooperative to the court which will further harm your defense case.

3) If you allow yourself to be questioned or interrogated by police regarding your guilt or innocence of the Phoenix DUI DWI or Criminal Charges following your arrest, after being read your Miranda Rights, you voluntarily waive your rights. (“right to an attorney” and “right to remain silent”). Admitting to a crime is one of the fastest ways to get a conviction. The penalties for Phoenix drunk driving, DUI DWI, or many other criminal charges in Arizona are severe. When you are later sentenced and learn the severity of the punishment, you can’t turn back. You can not reclaim your right to remain silent later, if you were properly read your Miranda Warning.

4) Until your Phoenix criminal or DUI case has run its course through the criminal justice system, the prosecution will egregiously look for inconsistencies or statements in “your story”. You may be surprised to find out that the inconsistent statement does not have to be material to the criminal charge itself. Regardless of the subject matter of the statement, or what forum the statement was made, if it is different, it will harm your defense credibility. Without a doubt, he prosecution can make strengthen their case by accusing you of “changing your story”, and make an issue of your credibility or trustworthiness in the eyes of the court, judge or jury.

5) Admitting to guilt of a crime will generally only makes things worse for you. You will just be convicted swiftly and sentenced by the judge to penalties under Arizona law for that crime. Some defendants think that if they admit to committing a crime or drunk driving in Arizona, that their punishments or sentencing will somehow be reduced. That is not the case. In Arizona, mandatory sentencing guidelines exist for DUI DWI and most criminal charges. You will face the same penalties in most cases for the DUI or crime than a defendant to plead “not guilty” and was later convicted of the criminal charge.

Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.

Misdemeanor DUI charges may be lenient in some states, but Arizona is not one of them. Phoenix DUI charges are very serious and you will be subject to mandatory punishments in place under Arizona State Law. Even a first time Phoenix Misdemeanor DUI can subject you to mandatory jail; hefty fines; fees, and court costs; loss or suspension of your driver license; ignition interlock device on your vehicle and more.

Arizona Misdemeanor DUI Laws: Generally an Arizona DUI with no “aggravating factors” is a Class 1 Misdemeanor as cited in part under A.R.S. 28-1381. The majority of DUI DWI charges in Arizona are classified as Misdemeanors. A Phoenix “Misdemeanor DUI DWI charge” will be raised to a “Felony DUI” only when certain “aggravating” factors exist. To read more about the specific factors that will elevate a Misdemeanor DUI DWI to a Felony DUI DWI visit www.arizonacriminaldefenselawyer.com/lawyer-attorney-1629205.html.

A Misdemeanor DUI in Arizona can be charged if a person is operating a motor vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substance and:

1. The driver of the vehicle in Arizona is impaired to the slightest degree (A.R.S. §28-1381(A) (1) or “impaired to the slightest degree”; and/or…

2. The driver of a vehicle in Arizona if the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol were consumed before or while driving or being in actual physical control of the vehicle. (A.R.S. §28-1381(A) (2)) or “DUI”.

If the police have evidence that a driver is “impaired to the slightest degree” and had Blood Alcohol Content (BAC) lever of 0.08% or greater within two hours of driving or being in “actual physical control” of a vehicle, they will usually charge the driver with not only one, but two DUI charges in that one stop.

ARIZONA MISDEMEANOR DUI: It is illegal to DRIVE or be in ACTUAL PHYSICAL CONTROL of a motor vehicle in Arizona under the following circumstances:

• PER SE DUI – Adult “Impaired to the Slightest Degree” by Alcohol

• DUI Minor – Minor with or without impairment, “Zero Tolerance” for person under 21 years of age. BAC level of 0.08 is not required.

• CDL DUI – Blood Alcohol BAC 0.04% or greater for adult Commercial Driver

• DUI – Blood Alcohol Content BAC 0.08% or greater for adult Driver within two hours of driving

• Extreme DUI – Blood Alcohol Content BAC 0.15% or greater adult within 2 hours of driving

• Super Extreme DUI – BAC 0.20% or greater adult – within 2 hours of driving

• Drug DUI – Impaired by any Drug whether lawfully prescribed drugs, over-the-counter drugs, legal or illegal drugs, dangerous or drugs not classified as dangerous.

Note: The Arizona DUI charges listed above are all considered to be separate and distinct charges. So a driver stopped under suspicion of DUI can actually be charged with one or more of these charges in one stop. The number of violations you may be charged with during one DUI stop is determined by the police DUI investigation, and DUI test results such as DUI breath test, DUI blood tests, or other chemical testing.

Misdemeanor DUI Defense – Arizona DUI – DWI Lawyers

Arizona misdemeanor DUI charges are heard in Arizona justice, city or municipal courts. Be sure that you are being defended by a private practice Phoenix or Arizona DUI lawyer with trial and defense experience; and one who is very familiar with the protocol, procedures and laws, judges and prosecutors in he court in the county, city or jurisdiction in Arizona for which you are required to appear for your court date. This will provide you with a definite advantage in your defense and increase your chances of a successful outcome. A good Arizona DUI attorney will tailor and build a defense case based on the facts of your DUI charges. They will know how to build a winning defense strategy in an effort to get your charges dismissed, reduced or the otherwise best outcome in your case.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI, DWI, Drunk Driving or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas. This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.

DUI charges in Phoenix, AZ are serious and described as some of the harshest in the country. You should consult an experienced AZ DUI Lawyer or Arizona criminal defense attorney who defends cases frequently in Phoenix Court as soon as possible It makes no difference if your charges were for Tempe DUI, Phoenix DUI, Gilbert DUI, Mesa DUI, Scottsdale DUI, Chandler DUI, or Maricopa County, or any city in Arizona, the DUI laws, classifications, and penalties fall under the rule and jurisdiction of the laws of the State of Arizona.

In Arizona it is unlawful operate a motor vehicle of any kind while driving under the influence of intoxicating or impairing drug, vapor releasing substances containing a toxic chemical or any combination of alcohol, drugs and or vapor releasing substances if the person is “impaired to the slightest degree” (A.R.S. §28-1381(A)(1). This includes driving a vehicle if the person has an alcohol concentration level 0.08 or greater, more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. (A.R.S. §28-1381(A) (2))

It is unlawful in Phoenix Arizona for a anyone to drive or be in actual physical control of a motor vehicle if the that person alcohol concentration of the following: Within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.15 or more but less than 0.20. (A.R.S. §28-1382(A)(1) or “Extreme DUI” and within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.20 or more. (A.R.S. §28-1382(A) (2)) or “Super Extreme DUI”. The higher the Blood Alcohol Content (BAC), the harsher the sentencing and penalties.

The consequences and penalties for Phoenix DUI are serious. Penalties range from minimal of 30 days in jail to extended prison sentencing, along with other penalties, fines, and fees. The Phoenix Court must abide by the minimum and maximum sentencing of the State. However, the Phoenix Judge may have some minor discretion over giving out further penalties if they believe they are necessary, reasonable and appropriate.

You should consult an experienced private practice AZ DUI Attorney or AZ criminal defense attorney who defends DUI charges Phoenix Courts frequently. They will be your voice and barrier between you and the prosecution, to make sure your rights are protected; you do not incriminate yourself further; and will utilize all defenses available based on your DUI circumstances to get your case dismissed, charges reduced, evidence If you have been arrested for any Phoenix, AZ DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at 480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix and Maricopa County valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.